FORUMS > Warrington Wolves > McGuire |
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| Quote: Dita's Slot Meter "Firing McGuire might be easier said than done, because it would leave them open to legal action from him IF he decided to fight the disciplinary verdict in a higher court (and let's face it, that evidence wouldn't stand up to much scrutiny in court).'"
Interesting thought, and in a court of law, the evidence would be viewed very differently.
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| He wont take it to court
He's been found guilty
He's not really been great since he joined
Bin him if we can, let him train with the reserves if we can't.
Peanut to 2nd Row, King recalled and back at 3.............
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International Star | 3853 | |
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| The only way we can fire him is through a mutual termination. Do it without and he has every right to sue, if he (or, more importantly, a lawyer) truly believes he can win a case in a higher court.
Probably would have a double whammy of suing the RFL for restraint of trade and Wire for unfair dismissal.
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| This forum has a surprising amount of lawyers on it
Not only lawyers, but lawyers with detailed knowledge of individual players contracts.
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Apr 2006 | 19 years | |
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| Would a "he said but there were no actual witnesses" be a reason for dismissal if an employment tribunal was involved?
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| If he said it, he should have some decency and walk. If he maintains that he hasn’t said anything offensive, then the appeal should be underway and announced at the first opportunity, even for the clubs sake to look like they are not just being inactive on this.
I would have thought the club would have put him on gardening leave pending the outcome of any appeal and/or the internal investigation.
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| All of this could’ve been avoided if McGuire had simply had a pop at Charnley’s miniscule winkle like any normal human being.
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| Quote: Philth "This forum has a surprising amount of lawyers on it
Not only lawyers, but lawyers with detailed knowledge of individual players contracts.'"
I know enough about, and had enough dealings with, employment law that I know you can't just fire someone on the basis of a lone, witness-less complaint from an ex-employee, who has a gripe against both your business and the individual he's complaining about.
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| And you know without any doubt that there's nothing in McGuire's contract that states any lengthy ban or multiple lengthy bans dished out by the governing body could result in dismissal. Or if found guilty of using foul and offensive language by said governing body it would be considered gross misconduct. Fascinating.
I hope more Aussies don't twig, sign for 3 years and call someone a "slot meter" every time they play so they get 3 years of nest egg whilst having a picnic in Walton Gardens
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| Any RL player signing a contract with those terms and conditions probably needs to find himself a new agent.
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| Sorry DSM , I don’t want to come across all know-it-all but it is not ‘witness less”. Charnley is a witness. It may be uncorroborated,but that isn’t fatal to a dismissal or even a conviction come to that.
As to grounds for dismissal a clause allowing for dismissal where the employer is brought into disrepute by the actions of its employee is fairly standard and i would be amazed if nothing along those lines were included in Maguire’s contract.
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| It's an indictment of today's society that there are people protesting the ban.
There's enough evidence from the first instance to dismiss him. If his contract doesn't incorporate a "gross misconduct" clause I would be amazed. He has clearly breached that requirement.
As for restraint of trade, do me a favour. He's breached his contract. End of discussion.
Hugely disappointed with the club at it's inaction. Dismissal.
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Club Owner | 5587 | |
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| Quote: Ken Parr's Back Pass "It's an indictment of today's society that there are people protesting the ban.'"
A society that supports fairness and some evidence?
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| Still peddling the notion charnley made up a discriminatory comment about his own son. Wow.
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Mar 2008 | 17 years | |
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| After listening to DP media comments on Wire TV, I read into it, undertones that the career of McGuire relies on what decision McGuire decides to take.
My hunch is,…
Don’t appeal, get dismissed,
Appeal, with credible evidence (which DP’s body language gave the impression he doesn’t think that will be forthcoming), and get a quash or big reduction in the suspension, and keep your job.
As long as there is that chance of appeal, the club will give him the time.
If by Thursday he hasn’t appealed…he’ll get dismissed.
Reading between the lines, that’s how I see it.
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